New Resources Regarding Mixed-Status Families Proposed Rule; Take Action by April 21!
Mar 02, 2026
By NLIHC Policy Team
On February 20, the U.S. Department of Housing and Urban Development (HUD) published a proposed rule that would require families with mixed immigration statuses (mixed-status families) in certain HUD programs to choose between remaining together and losing their housing. According to a 2025 Center on Budget and Policy Priorities (CBPP) analysis, such changes could result in almost 80,000 people, including 37,000 children, losing their rental assistance.
Join NLIHC, National Housing Law Project (NHLP), and Protecting Immigrant Families (PIF) Coalition to Keep Families Together! This campaign aims to mobilize opposition to the proposed rule, including by sharing information on how to submit comments and take action. New resources are referenced below. NHLP released a new analysis of the proposed rule, and PIF announced an organizational sign-on comment letter!
The proposed rule has a 60-day comment period, closing April 21.
Brief Background on “Mixed-Status” Households
“Mixed-status families” are households with at least one U.S. citizen or immigrant eligible for housing assistance living with ineligible members. Eligibility for federal assistance housing programs is determined, in part, by an individual’s immigration status per Section 14 of the “Housing and Community Development Act of 1980.” Eligible immigration statuses include U.S. citizens and nationals, lawful permanent residents, “Violence Against Women Act” (VAWA) self-petitioners, asylees and refugees, parolees, persons granted withholding of removal, victims of trafficking, individuals residing in the U.S. under the Compact of Free Association (COFA), and immigrants admitted for lawful temporary residence. Some immigrants, despite legal status, are ineligible for housing assistance, such as immigrants with student visas and Temporary Protected Status.
Under current rules, mixed-status families can live together while receiving prorated assistance, meaning that federal rental assistance only supports eligible household members. Family members applying for assistance must submit evidence of eligibility. Ineligible family members can simply decline to contend eligibility and thus do not receive assistance.
The proposed rule would end prorated assistance while imposing more burdensome verification and documentation requirements; such changes would cast a wider net of harm that would negatively impact the ineligible and eligible alike. (See Memo, 2/23).
HUD’s proposal revives an unsuccessful effort from the first Trump administration to separate or evict mixed-status families.
New Analysis of the Proposed Rule
NHLP has released a new analysis of the proposed rule. The analysis compares current law with the proposed rule, includes a timeline for implementation if the proposed rule is finalized, and ends with frequently asked questions.
Regulatory Impact Analysis
HUD also released its Regulatory Impact Analysis (RIA) of the proposed rule on February 20. The RIA provides important insights into the costs and benefits of the proposed rule, including administrative costs if implemented. The RIA notes that “[m]ost of the costs of the rule would be … borne by the households adversely affected,” meaning immigrant families forced to separate. Since mixed-status families pay proportionately higher rent than fully eligible households, the proposed rule will leave public housing agencies (PHAs) and housing providers less money to serve families, at a time when families across the country are struggling to pay rent. The RIA confirms this: “Absent an increase in appropriations… fewer households would receive housing assistance.”
Take Action – Keep Families Together!
NLIHC, NHLP, and the Protecting Immigrant Families Coalition are leading the Keep Families Together campaign to oppose the mixed-status rule. The Keep Families Together website includes resources to educate housing and immigration advocates about the real harms HUD’s proposed changes, if finalized, would cause. Advocates are encouraged to monitor the Keep Families Together website and NLIHC’s resources for updates.
Take action to oppose HUD’s Mixed-Status Rule:
- Draft and submit your comment using the Keep Families Together website by April 21!
The website includes prompts for specific communities, including children, families, Latino, Black, and Asian American and Pacific Islander communities.
- Add your organization to a comment letter led by the Protecting Immigrant Families Coalition by April 20!
The comment letter summarizes how the proposed rule punishes U.S. citizens, while doing nothing to increase the availability of affordable housing.
Read the NPRM here.
Read NHLP’s analysis here.
Submit comments via regulations.gov by 11:59 pm ET on April 21, 2026.